Article 338 of the Indian Constitution mandates formation of which of the following Commissions ?

Question

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Correct — D, the National Commission for Scheduled Castes. Article 338 provides for a Commission for the Scheduled Castes: the 65th Constitutional Amendment (1990) replaced the earlier one-man Special Officer with a multi-member National Commission for SCs and STs, and the 89th Amendment (2003) split that body — Article 338 now carries the SC Commission alone, while a newly inserted Article 338A creates the National Commission for Scheduled Tribes. Because it is written into the Constitution, the NCSC's members are appointed by the President, it enjoys the powers of a civil court while investigating, and its reports are laid before Parliament.

Why the other options are wrong — (a) A statutory body, set up under the National Commission for Women Act, 1990 — no Article of the Constitution creates it, so Parliament could alter or abolish it by ordinary law.  (b) Also statutory — created by the National Commission for Minorities Act, 1992. The Constitution protects minority rights (Articles 29-30) but does not set up this Commission.  (c) Statutory, under the Protection of Human Rights Act, 1993. Its stature makes students assume it is constitutional, but no Article mentions it.

Concept: Article 338 is one of a small cluster of Articles that create standing commissions inside the Constitution itself. As it stands today: Article 338 — National Commission for Scheduled Castes; Article 338A — National Commission for Scheduled Tribes (89th Amendment, 2003); Article 338B — National Commission for Backward Classes (102nd Amendment, 2018). Each has a Chairperson, a Vice-Chairperson and three other members appointed by the President, investigates and monitors safeguards for its group, and sends its reports to the President, who lays them before Parliament along with a memorandum on the action taken.

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